Brown v. University of Washington et al, No. 2:2018cv01791 - Document 25 (W.D. Wash. 2019)
Court Description: STIPULATED SETTLEMENT AGREEMENT AND FINAL JUDGMENT regarding Plaintiff Rhonda Brown and Defendant 5th Avenue Theatre Association. All claims, counterclaims, cross-claims, and third party claims (including any amendments) are otherwise hereby dis missed with prejudice. Defendant 5th Ave Theatre Association shall pay $35,500 in separate checks as follows: $27,406 made payable to Washington Civil & Disability Advocate; and $8,094 made payable to Reed Pruett Walters Larsen, PLLC. Signed by Judge Marsha J. Pechman. (PM)
Download PDF
<![CDATA[
Brown v. University of Washington et al Doc. 25 HONORABLE MARSHA J. PECHMAN 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 RHONDA BROWN, a Washington resident, 10 NO. 2:18-CV-01791-MJP Plaintiff, 11 v. 12 THE UNIVERSITY OF WASHINGTON, 5TH AVENUE THEATER ASSOCIATION, and 5TH AVENUE THEATER FOUNDATION, 13 14 STIPULATED SETTLEMENT AGREEMENT AND FINAL JUDGMENT Defendants. 15 16 The parties, Plaintiff Rhonda Brown (“Brown”), and Defendant 5th Avenue Theater 17 Association (“5th Ave.”) by their respective undersigned counsel, hereby submit pursuant to 18 Fed. R. Civ. P. 54(c), this Stipulated Settlement Agreement and Final Judgment. 19 CAUSES OF ACTION 20 21 A. On December 13, 2018, Plaintiff, by and through her attorneys, Conrad A. Reynoldson, 22 Washington Civil & Disability Advocate and Mark D. Walters, REED PRUETT 23 WALTERS LARSEN 24 Avenue Theater (“Defendants”), with the United States District Court for the Western PLLC, filed an action against University of Washington and 5th 25 26 GORDON REES SCULLY MANSUKHANI, LLP 701 5th Avenue, Suite 2100 Seattle, WA 98104 Telephone: 206.695.5100 Facsimile: 206.689.2822 STIPULATED JUDGMENT - 1 Civil Action No. 2:18-cv-01791-MJP 1 Dockets.Justia.com 1 District of Washington, Case No. 2:18-cv-01791 (the “Action”). The Action asserted 2 certain legal claims under the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 3 12181 et seq. (“ADA”), and Washington’s Law Against Discrimination (“WLAD”) in 4 connection with Defendants’ ownership, operation and maintenance of the 5th Avenue 5 Theater. As set forth in the Complaint, Plaintiff brought this action on behalf of herself 6 individually and as a disability advocate to end civil rights violations against persons 7 with mobility disabilities. 8 B. 9 10 Defendants dispute the claims and allegations set forth in the Action and have denied and continue to deny any liability to Plaintiff for any such claims asserted. C. Plaintiff and Defendant 5th Ave. desire to avoid the risk, uncertainty, inconvenience 11 and expense of litigation and have therefore decided to fully and fairly settle any and 12 all claims asserted by Plaintiff, or that could have been asserted, under the ADA, the 13 Washington Law Against Discrimination, and/or under any and all laws of similar 14 import prohibiting discrimination on the basis of disability in public accommodations 15 or business establishments (the “Disability Laws”), as well as any and all claims 16 relating to the 5th Avenue Theaters location, as set forth and under the terms in this 17 Agreement. 18 19 The rights and obligations of Plaintiff and 5th Ave. with respect to the matters in dispute in this suit are determined as set forth in the below following terms. All claims, counterclaims, 20 cross-claims, and third party claims (including any amendments) are otherwise hereby 21 22 23 dismissed with prejudice. This case is dismissed without a court award of attorney’s fees or costs to any party. 24 25 26 GORDON REES SCULLY MANSUKHANI, LLP 701 5th Avenue, Suite 2100 Seattle, WA 98104 Telephone: 206.695.5100 Facsimile: 206.689.2822 STIPULATED JUDGMENT - 2 Civil Action No. 2:18-cv-01791-MJP 2 TERMS 1 2 A. 5th Ave. Remediation of Architectural Barriers 3 1. 5th Ave. will install additional wheelchair accessible and companion seats to bring the 4 total number of each to seventeen (17) per the 2010 ADA Standards for Accessible 5 Design. 5th Ave. agrees to provide an updated report by Endelman & Associates to 6 Plaintiff’s Counsel confirming that the finalized ADA design plans related to the 7 wheelchair accessible and companion seats are in compliance with the 2010 ADA 8 9 Standards for Accessible Design. This will be done no later than January 2, 2020. 10 2. 5th Ave. will mount on each side of the theater ADA compliant wall mounted handrail 11 on the outside walls which will span the entire length of the aisle in order to access the 12 accessible seating locations near the front and on each side of the theater. This will be 13 14 done no later than September 15, 2019. 3. 5th Ave. will lower the toilets to be between 17 inches and 19 inches to the top of the 15 16 17 toilet seat in compliance with the ADA standards. This will be done no later than September 15, 2019. 18 4. 5th Ave. will add pipe insulation to under lavatories and sinks to protect against contact 19 by users of wheelchairs and mobility devices. This will be done no later than 20 September 15, 2019. 21 5. 5th Ave. will implement and/or update its Accessibility Services manual to keep the 22 area around the water fountains clear of any obstructions. This will be done no later 23 24 than September 15, 2019. 25 26 GORDON REES SCULLY MANSUKHANI, LLP 701 5th Avenue, Suite 2100 Seattle, WA 98104 Telephone: 206.695.5100 Facsimile: 206.689.2822 STIPULATED JUDGMENT - 3 Civil Action No. 2:18-cv-01791-MJP 3 1 2 B. 5th Ave. Remediation of ADA Ticket Sales and Website 3 1. After the remediation of the wheelchair and accessible companion seats has been 4 completed, 5th Ave. will update its website seat map and ticket purchasing policy to 5 6 reflect the location and number of wheelchair and accessible companion seats. This will be completed within 30 days from completion of the work. 7 8 2. 5th Ave. will update its current website seat map and ticket purchasing policy no later 9 than September 15, 2019, to reflect all available wheelchair accessible and companion 10 seats. 11 12 3. 5th Ave. will adopt a Personal Care Attendant (“PCA”) policy where any guest with a 13 disability that requires a PCA present to be able to perform daily living activities, will 14 receive a complimentary ticket and an adjacent ADA seat next to the guest. This policy 15 will not be publicly posted and the guest will have to affirmatively request the 16 complimentary ticket for the PCA to attend. To make a PCA request the guest should 17 call 206-625-1900, and speak to the manager on duty. This policy will be in effect as 18 of August 1, 2019. 19 4. Upon completion of “5th Ave. Remediation” as described above in Sections (A) and 20 (B), the 5th Ave. shall provide written notice within thirty (30) days, to Plaintiff’s 21 counsel Conrad A. Reynoldson and Mark D. Walters, that the Remediation is 22 completed and in compliance with 2010 ADA Standards for Accessible Design. 23 24 25 26 GORDON REES SCULLY MANSUKHANI, LLP 701 5th Avenue, Suite 2100 Seattle, WA 98104 Telephone: 206.695.5100 Facsimile: 206.689.2822 STIPULATED JUDGMENT - 4 Civil Action No. 2:18-cv-01791-MJP 4 1 C. Attorneys’ Fees 2 Plaintiff’s counsel acknowledges that the total amount reflected below are for fees 3 and costs to date. Provided the remediation work is completed as set forth in this 4 Stipulated Judgment, Plaintiff’s Counsel will not seek any further fees and costs 5 related to the matter of the 5th Ave. Remediation. Within thirty (30) days from the 6 Effective Date of this Order and the receipt of W-9 forms from Plaintiff’s counsel, 5th 7 Ave. shall pay $35,500 in separate checks as follows: 8 9 • • $27,406 made payable to Washington Civil & Disability Advocate; and $8,094 made payable to Reed Pruett Walters Larsen, PLLC. 10 11 Dated: June 10, 2019. REED PRUETT WALTERS LARSEN PLLC 12 By: 13 14 15 /s/ Mark D. Walters Mark D. Walters, WSBA #25537 11120 N.E. 2nd Street, Suite 200 Bellevue, Washington 98004 Tel.: 425.688.7620 Email: mwalters@rpwlawfirm.com Attorneys for Plaintiff Rhonda Brown 16 17 18 19 Dated: June 10, 2019. WASHINGTON CIVIL & DISABILITY ADVOCATE 20 By: 21 22 23 /s/ Conrad A. Reynoldson Conrad A. Reynoldson, WSBA #48187 4115 Roosevelt Way NE, Suite B Seattle, Washington 98105 Tel.: 206.876.8515 Email: Conrad@wacda.com Attorneys for Plaintiff Rhonda Brown 24 25 26 GORDON REES SCULLY MANSUKHANI, LLP 701 5th Avenue, Suite 2100 Seattle, WA 98104 Telephone: 206.695.5100 Facsimile: 206.689.2822 STIPULATED JUDGMENT - 5 Civil Action No. 2:18-cv-01791-MJP 5 1 Dated: June 10, 2019. GORDON REES SCULLY MANSUKHANI, LLP 2 By: 3 By: 4 5 6 /s/ Sarah N. Turner Sarah N. Turner, WSBA #37748 /s/ Goldie A. Davidoff Goldie A. Davidoff, WSBA #53387 701 5th Avenue, Suite 2100 Seattle, Washington 98104 Tel.: 206.695.5100 Attorneys for Defendants 5th Avenue Theater Association and 5th Avenue Theater Foundation 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 GORDON REES SCULLY MANSUKHANI, LLP 701 5th Avenue, Suite 2100 Seattle, WA 98104 Telephone: 206.695.5100 Facsimile: 206.689.2822 STIPULATED JUDGMENT - 6 Civil Action No. 2:18-cv-01791-MJP 6 1 ORDER 2 3 4 5 6 Based on the above terms, it is hereby ORDERED that upon the terms of the Stipulated Settlement Agreement and Final Judgment between Plaintiff and Defendant 5th Ave., dismissal of this matter is with prejudice, without fees and costs awarded to either party. DATED this 11th day of June, 2019. 7 A 8 9 Marsha J. Pechman United States District Judge 10 11 12 Presented by: 13 GORDON REES SCULLY MANSUKHANI, LLP 14 By: /s/ Sarah N. Turner Sarah N. Turner, WSBA #37748 By: /s/ Goldie A. Davidoff Goldie A. Davidoff, WSBA #53387 701 5th Avenue, Suite 2100 Seattle, Washington 98104 Tel.: 206.695.5100 15 16 17 18 19 Attorneys for Defendants 5th Avenue Theatre Association and 5th Avenue Theatre Foundation 20 21 22 23 24 25 26 GORDON REES SCULLY MANSUKHANI, LLP 701 5th Avenue, Suite 2100 Seattle, WA 98104 Telephone: 206.695.5100 Facsimile: 206.689.2822 STIPULATED JUDGMENT - 7 Civil Action No. 2:18-cv-01791-MJP 7 1 CERTIFICATE OF FILING AND SERVICE 2 The undersigned hereby certifies that on June 10, 2019, she filed the foregoing document using the Court’s ECF filing system, which will send copies to all attorneys of record. 3 4 DATED: June 10, 2019. /s/ Dana Klasky Dana Klasky, Legal Assistant Office@wacda.com 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1172135/45346139v.1 25 26 GORDON REES SCULLY MANSUKHANI, LLP 701 5th Avenue, Suite 2100 Seattle, WA 98104 Telephone: 206.695.5100 Facsimile: 206.689.2822 STIPULATED JUDGMENT - 8 Civil Action No. 2:18-cv-01791-MJP 8
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
